2015-09-22_Hassoldt Nuccion MINUTES OF A MEETING
OF THE
COMMITTEE ON TREES AND VIEWS
AN ADJOURNED MEETING
OF THE PLANNING COMMISSION
OF THE
CITY OF ROLLING HILLS
SEPTEMBER 22, 2015
CALL MEETING TO ORDER
A meeting of the Committee on Trees and Views was called to order by Chairperson Smith at 4:04 p.m.
on Tuesday, September 22, 2015 in the City Council Chamb�r, at City Hall, 2 Poriuguese Bend Raad,
Rolling Hills, California.
ROLL CALL
Committee Members Present: Chelf, Gray and Chairperson Smith.
Committee Members Absent: None.
Others Present: Yolanta Schwartz,Planning Director.
Heidi Luce, City Clerk.
Shahiedah Coates,Assistant City Attorney.
David De La Torre,Arborist.
Howard Weinberg,Attorney(Nuccion).
Mir. and Mrs. William Hassaldt.
Mr. Randy Stamen,Attomey(Hassoldt}.
PUBLIC COMMENTS ON MIl�`[JTES OR ANY ITEMS NOT ON THE AGENDA
None.
APPROVAL OF MINUTES
MINiJ'TES OF A MEETING OF TI� COMMITTEE ON TREES AND VIEWS, TUESDAY,
JULY 7, 2015 (HASS4LDT/NUCCION}
Committee Member Chelf moved that the Committee approve the minutes of the Committee an Trees
and Views meeting held on Tuesday, Ju1y 7, 2015 as presented. Committee Member Gray seconded the
motion which carried without objecdon.
MINLTTES OF A MEETING OF THE COMMITTEE ON TREES AND VIEWS, TUESDAY,
JULY 21, 2Q15 (HASSOLDTINUCCIOI�
Committee Member Chelf moved that the Committee approve the minutes of the Committee on Trees
and Views meeting held on Tuesday, July 21, 2015 as presented. Committee Member Crray seconded
the motion which carried without objection.
CONTINUED PUBL�C HEARING
CONSIDERATION OF VIEW IMPAIRMENT COMPLAINT REGARDING TREES
AT'THE FOLLOWING LOCATION:
LOCATION�F TREES: 15 P4RTUGUESE BEND ROAD
PROPERTY OWNER: MR.AND MRS. HASSOLDT
COMPLAINANTS: DR. AND MRS. NUCCION
18 PORTUGUESE BEND ROAD
Chairperson Smith introduced the item and asked for stai�s comments. Planning Director Schwartz
sta.ted that this is a continued public hearing regarding a View Impairment Complain� fiIed by Dr. and
Mrs. Stephen Nuccion of 18 Portuguese Bend Road against trees lacated at the property owned by Mr.
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Committee on Trees and Views
09-22-15 _1_
and Mrs. William Hassoldt at 15 Portuguese Bend Road. She stated that the Committee has held several
public hearings on this case and at its last meeting,the Cammittee requested that an independent arborist
be hired ta prepare a report to help determine whether the trees under consideration are mature or
mahzring, as required by the provisions set forth in Measure B. She stated that after requesting
proposals from several arborists, David De La Torre was selected to prepare the report and the Nuccions
paid for those services. She briefly reviewed Mr. De La Torre's report stating that the repart indicates
that nine of the 11 trees in question are mature and not eligible for remediation although he recommends
that the trees be trimrned to restore the health of the trees.
Planning Directar Schwartz further stated that the Committee received correspondence froxr� Mr.
Weinberg on behalf af the Nuccions that includes a repart by another arborist,Arbor Global prepared by
Kevin Eckert and the report was forwarded to the Committee and placed on the dais. She further stated
that a correspandence was also received from the Hassoldts regarding a previous correspondence they
received from the Nuccians. She then stated that Assistant City Attorney Coates would address both
correspondences.
Assistant City Attorney Coates began with reviewing the last correspondence received, which was from
the Hassoltds and contained a document regarding prior settlement discussions between the parties that
was previously received and discussed by the CoFnmittee. She stated that this correspondence is not
relevant to this case and should not be discussed.
Regarding Mr. Weinberg's correspondence, Ms. Caates stated that it was submitted on Monday and
forwarded ta the Committee for their review. She sta.ted that the letter challenges Mr. De La Torre's
credentials and includes another arborist's r�port disputing Mr. De La Torre's findings. With regard to
the issue of Mr. De La Torre's credentials, she stated that Mr. De La Torre is a certified arborist and
meets the requixements of an independent contractor far this purpose and limited scope of work. With
regard to the arborist's report that was attached to Mr. Weinberg's letter, she stated that it uses tree
height as a factor in determining mature. She noted that the report acknowledges that the m�im�un
potential height of a tree can be affected by several factors including: weather, watering and pruning.
She stated that the record in this case shows that in the past, the trees at issue had been regularly pruned
as refer�red#o in Mr. De La Torre's report; but it is not discussed in the arborist's report attached to Mr.
Weinberg's letter. She further stated that Mr. Weinberg's letter also requests that the arborist, Mr.
Eckert be allow to speak to the Committee via telephone, but staff recommends against that because the
City does not typically allow public comment via telephane.
Ms. Caates further reviewed where the Committee is at this point. She stated that the Committee has
determined that the Nuccion's had a view; and that the view is impaired by the trees at issue. She stated
that Yhe Committee has yet to determine if the trees that impair the view were mature when the
Nuccion's acquired the property in 2009. She further stated tha# the Committee has received a lot of
information that can be used to make that decision. Given that the Committee has heard from both
parties se�eral hmes, she recammended that the Committee take public comment to hear fram Mr. De
La Torre wi#h any additional :information in support o�his report; and then after any addifional public
comment, commence deliberations.
David De La Torre, Certified Arborist addressed the Committee to further explain his report and to
respond to Mr. Eckert's report that was submitted by Mr. Weinberg. He no�ed that Mr. Eckert did not
visit the site and that Mr. Eckert's report uses anly tree height as the factor for determining maturity.
Mr. De La Torre stated that he wa�ked the property and measured the trees to aid in determining the tree
rnaturity. He stated that a mature tree is a tree that has reached 20-80% of its potential. He commented
that trees in question will likely ne�er reach their fuil rnature height because they have been topped
previously and as such,height alone should not be used as the only factor in determining the maturity of
a tree. He stated that he used formulas that consider the trunk width, diameter at breast height (DBH}
and other factors to determine the mat�rity of the trees in question.
Brief discussion ensued concerning the cancept of a tree being mature at 20-80% of its life. Committee
Member Chelf expressed concern that i£that is the case, all the trees in the City could be considered
mature if the lower end of the range is used.
Committee Member Gray expressed cancern that the ages determined by Mr. De La Torre's calculations
may be inaccurate given that there were virtually no trees in the City when it was develaped in 1936
accarding to a A.E. Hanson's book Roiling Hills: The Early Years (p. 49). Assistant City Attorney
Caates asked that a copy of that page o£the book be included in the record. In response, Mr. De La
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09-22-15 -2-
Torre stated that the caiculations were intended to be a rough estimate so that the trees would not have to
be damag�d or cut down in order to make the determinatian. Discussion ensued concerning the age of
trees and the possibility that some of the trees cauld have been brought in as boxed trees. Further
discussion ensued concerning the discrepancy between the reports.
Chairpezson Smith then called for pubXic comment and asked that the comments be limited to three
minutes.
Howard Weinberg, Attorney addressed the Committee on behalf of the Nuccians stating that the
intention of his letter it to aid the Committee in making its determinatian regarding the maturi#y issue.
He sta.ted that by ISA definition a mafi�ring tree is a tree that continues to grow skyward and the crown
continues to spread until it reaches senescence.
Randy Starmen, ISA Certified Arborist and Attorney addressed the Committee on behalf of the Hassoldts
stating that a tree wilt continue ta grow throughout its life, but a ttee has reached maturity when it stops
having cxplosive growth similar to humans. He further stated the Mr. De La Torre's report is the most
neutral opinion that the Committee has received.
William Hassoldt, 10 Pine Tree Lane (15 Portuguese Bend Road) addressed the Committee regarding
the 1937 photograph stating that he enlarged i�and there were many trees in the area at that time.
Hearing no further public comment, Chairperson Smith clased the public hearing and the Committee
began its deliberation.
Discussion ensued concerning the various defmitions of rnature and the difficulty that Measure B
imposes in having to make that determination. Committee Member Chelf commented that he does not
believe that the trees are mature; and as stated in Mr. De La Tarre's report, he feels it would be healthy
for the trees to be trimmed. Committee Member Gray commented that the Committee's task is to make
a sub�ective judgment and in his mind, he does not believe t1�e trees in question are sp�cimen trees that
should be exempted from action. Committee Me�nber Che�f further commented that he feels that the two
�live trees may be in the mature tree category, in that they could have been brought in as boxed trees.
Committee Member Gray concurred and �urther stated that having reviewed all of the reports areceived,
he feels the Cammittee has enough information to make its determination and because of the conflicting
reports, it comes down to a property by property, tree by tree basis. The Committee concurred that the
evidence submitted hasn't been overwhelmingly convincing either way. Chairperson Smith suggested
that the Committee go back the Resolution it ariginally considered and add a finding that the Committee
did not receive substantial evidence to indicate that the trees are mature. Committee Member Chelf
concurred but suggested that the two Olive trees be exempted because they are mature.
Committee Member Chelf moved that the Committee directe staff ta bring the Resolution back to the
Committee with the original fmdings and actions plus additional findings that the twa Olive trees should
be exempted because they are mature; and that the rest o�the ttees are eligible for remediation because
there was not enough substantial evidence to indicate that they were mature in 2009. Committee
Member Gray seconded the motion. Discussion ensued concerning which two Olive iarees are considered
mature because the matrix o#'trees Iisted a total of faur Olive trees. Following discussion, the motion
was clarified to include that the Olive trees labeled Tree #4A and Tree #7 are not mature; and the Olive
trees labeled Tree #9 and#9A are mature and thus exempted from action. Following the discussion and
clarification,�he motion car�ied without obj ection.
ADJOURNMENT
Hearing no fuxther bttsiness be£ore the Committee, Chairperson Smith ad�ourned the meeting at 5:03
p.m. to an adjourned meeting of the Rolling Hills Planning Commission Committee on Trees and Views
scheduled to be held on Wednesday, October 7, 2015 beginning at 5:00 p.m. in the Council Chamber at
City Hall, 2 Portuguese Bend Road, Ralling Hilis, California.
Respectfully submitted,
��?,�� �
--�
Heidi Luce
City Clerk
Minutes
Committee on Trees and Views
09-22-15 _3-
Apprav�d,
� /Jr]r� J /5��r
�C/♦ i/�r-v
J . Smith
Chairperson
Minutes
Committee on Trees and Views
09-22-15 -4-